Análisis jurídico de la despenalización del consumo de dosis mínima en Colombia

Abstract

In Colombia, the minimum dose or personal dose of drug is that which a person carries or conserves for their own consumption, according to what is established in the jurisdiction in law 30/1986, in its article 2, numeral j; but Colombian jurisprudence presents a great void in the matter of the minimum dose of drug consumption, since there are no clear criteria to establish whether a person who carries more than the minimum dose, really needs it for personal consumption or is for their commercialization, which is a matter of debate in the country, because there are no elements of judgment in which public officials, national police can rely to establish whether a citizen who carries more than the minimum dose, really needs that amount for his personal consumption or for its commercialization, which has been counterproductive, since traffickers can benefit in this legal vacuum to commit the crime of commercialization and sale of narcotic drugs. Therefore, through different laws and decrees, the possession and consumption of narcotics have been decriminalized, as well as consumer sanctions have been prohibited and imposed, violating the right to free development of personality, the autonomy of the individual, taking away their ethical condition and objectifying it.